SC disposes SLP
Source: The Sangai Express
Imphal, May 11 2024:
The Supreme Court has disposed the special leave to appeal filed by MLA of Wangoi AC Khuraijam Loken against the election petition filed against him by ex-MLA Oinam Lukhoi and accordingly allowed both the parties to pursue their remedies before the High Court of Manipur.
Ex-MLA Oinam Lukhoi in his election petition dated 5th May 2022 filed before the High Court of Manipur claimed that MLA Khu-raijam Loken had engaged in corrupt practices while filing his nomination paper of the election to the 12th Manipur Legislative Assembly by not disclosing many information.
The election petition claimed that Kh Loken didn't mention the complete details of bank accounts in his name, the number of vehicles he owns, names of his second wife and their children in Form 26 of the nomination paper and the same misled the people.
Given these factors, Oinam Lukhoi had prayed before the High Court to set aside the result of the 12 Manipur Legislative election of 22 Wangoi AC.
In response, MLA Khu-raijam Loken filed a counter miscellaneous application and demanded dismissal of the election petition filed against him for non compliance with mandatory pro- visions contained in Section 81 (3) and 83 of the Representation of People's Act, 1951 .
The miscellaneous application of MLA Kh Loken however was rejected by the High Court on May 29, 2023 .
After the rejection of his application, MLA Kh Loken filed a SLP before the Supreme Court and during the hearing of the petition the MLA argued that the High Court didn't elaborate the corrupt practices mentioned in Para no 34 of the election petition filed against him and as such the same should be dismissed.
On May 7, a double bench of the Supreme Court ruled that the election petition of O Lukhoi can be pursued as there are allegations of corrupt practices against the incumbent MLA Kh Loken.
During the hearing, the apex Court also said that the High Court shall permit O Lukhoi to amend his election petition and delete the para no 34 and disposed the special leave petition filed by Kh Loken.